International Discovery Pursuant to 28 U.S.C. § 1782
Federal law authorizes U.S. courts to compel testimony and/or production of documents “for use in a proceeding in a foreign or international tribunal.” [See Wikipedia summary.]
Parties who are involved in – or who anticipate – foreign litigation or arbitration are advised to consider the potential benefits of an application for discovery pursuant to § 1782. Given the comparative breadth of discovery in the U.S. legal system as compared to foreign regimes, obtaining U.S. discovery can carry both informational and procedural advantages.
Mr. Mullen has counseled clients through applications for discovery to U.S. District Courts in the Second Circuit.